Signature Hill Corporation v Toronto (City), 2026 CanLII 41027

du territoire

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

ISSUE DATE:

April 27, 2026

CASE NO.:

OLT-25-000044

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant:

Signature Hill Corporation

Subject:

Request to amend the Official Plan –

Failure to adopt the requested amendment

Description:

To facilitate 40-Storey building with 477 residential units.

Reference Number:

24 185909 NNY 08 OZ

Property Address:

250, 252, 254, 258 Viewmount Avenue

Municipality/UT:

Toronto/Toronto

OLT Case No:

OLT-25-000044

OLT Lead Case No:

OLT-25-000044

OLT Case Name:

Signature Hill Corporation v Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant:

Signature Hill Corporation

Subject:

Application to amend the Zoning By-law –

Refusal or neglect to make a decision

Description:

To facilitate 40-Storey building with 477 residential units.

Reference Number:

24 185909 NNY 08 OZ

Property Address:

250, 252, 254, 258 Viewmount Avenue

Municipality/UT:

Toronto/Toronto

OLT Case No:

OLT-25-000045

OLT Lead Case No:

OLT-25-000044

BEFORE:

D. CHIPMAN

Monday, the 27th

MEMBER

day of April, 2026

THIS MATTER, having come before the Ontario Land Tribunal (the “Tribunal”) for a settlement hearing on April 24, 2026, in respect of appeals under sections 22(7) (the “OPA Appeal”) and 34(11) (the “ZBLA Appeal”) of the Planning Act, for the lands municipally known as 250, 252, 254 and 258 Viewmount Avenue (the “Subject Lands”);

AND THE TRIBUNAL having considered the written evidence filed with the Tribunal, on consent of the Parties, being the sworn affidavit of Ms. Jane McFarlane, RPP, MCIP;

AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of Jane McFarlane, with respect to the Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) before the Tribunal in relation to the Subject Lands, and finding that the proposed OPA and ZBLA, are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the City of Toronto, including:

i. the Planning Act;

ii. the Provincial Planning Statement 2024;

iii. the City of Toronto Official Plan;

iv. the Glencairn Subway Station MTSA;

v. Growing Marlee-Glencairn Study;

vi. City of Toronto Zoning By-law 569-2013; and

vii. the City of Toronto’s Tall Building Design Guidelines;

THE TRIBUNAL ORDERS as follows:

1. The OPA Appeal and the ZBLA Appeal are allowed, in part;

2. The Official Plan Amendment (“OPA”) attached as Appendix A to this Order, to redesignate the Subject Lands as Apartment Neighbourhoods is approved in principle;

3. The Zoning By-law Amendment (“ZBLA”) attached as Appendix B to this Order, to implement the site specific OPA and provide appropriate development standards, is approved in principle;

4. The Tribunal’s Final Order with respect to the OPA Appeal and the ZBLA Appeal is withheld until such time as the following conditions are met:

a. the final form and content of the Official Plan Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review;

b. the final form and content of the Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review, which Amendment may include a Holding (H) provision that may include for its removal the following conditions:

i. The Owner, at its sole cost and expense, has submitted a revised Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Director, Engineering Review, Development Review; and

ii. If the Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis accepted and satisfactory from i. above require any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

1. The Owner has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis to support the development, in a financially secured agreement, all to the satisfaction of the Director, Engineering Review, Development Review; or,

2. The required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis in i. above are constructed and operational, all to the satisfaction to the Director, Engineering Review, Development Review; and

iii. All necessary approvals or permits arising from 4.b.ii.1. or 4.b.ii.2. above are obtained, where required, all to the satisfaction to the Director, Engineering Review, Development Review;

iv. The City has received, reviewed and accepted the updated Transportation Impact Study, to the satisfaction of the Executive Director, Transportation Review, Development Review.

c. the owner has arranged a site visit with City Planning staff to confirm existing conditions, including the number of rental dwelling units on the subject property;

d. the owner has entered into an agreement or provided a lawyer’s legal undertaking, or other documentation, to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the required Tenant Relocation and Assistance Plan pertaining to the existing rental dwelling unit(s) proposed to be demolished;

e. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated September 19, 2024, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Executive Director, Transportation Review, Development Review and Director, Engineering Review, Development Review;

f. the owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review, Memorandum dated September 17, 2024, or any outstanding issues raised by Urban Forestry arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Executive Director, Environment, Climate and Forestry;

g. the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Executive Director, Development Review and the Chief Planner and Executive Director, City Planning;

h. the owner has provided a revised wind study including a wind tunnel test, with any with recommended mitigation measures secured in the Zoning By-law Amendment and through the Site Plan Control process, to the satisfaction of the Executive Director, City Planning; and

i. the owner has, at its sole cost and expense, facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the Zoning By-law Amendment, all to the satisfaction of the Executive Director, Development Review.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN

REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

APPENDIX A

CITY OF TORONTO

BY-LAW XXX-2024(OLT)

To adopt Amendment XXX to the Official Plan respecting the lands known municipally in the year 2024 as 250, 252, 254, and 258 Viewmount Avenue.

Whereas the Ontario Land Tribunal, by its Decision issued on April X, 2026 and Order issued on <month><day>, 2026, in respect of Tribunal File OLT-25-00044, upon hearing an appeal under Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended, determined to approve Amendment XXX to the Official Plan for the City of Toronto, with respect to the lands municipally known in the year 2024 as 250, 252, 254 and 258 Viewmount Avenue; and

The Ontario Land Tribunal order:

1. The attached Amendment XXX to the Official Plan is hereby adopted to the Planning Act, as amended.

Pursuant to Ontario Land Tribunal Decision issued on April X, 2026 and Order issued on <month><day>, 2026 in File OLT-25-00044.

[Name)] [Name]

Speaker City Clerk

(Seal of the City)

AMENDMENT NO. XXX TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2024 AS

250, 252, 254, AND 258 VIEWMOUNT AVENUE

The Official Plan of the City of Toronto is amended as follows:

1. Map 17, Land Use Plan, is amended by re-designating the lands known municipally as 250, 252, 254, and 258 Viewmount Avenue from Neighbourhoods to Apartment Neighbourhood as shown on the attached Schedule 1.

SCHEDULE 1

APPENDIX B

Authority: Ontario Land Tribunal Decision issued on April X, 2026 and Ontario Land Tribunal Order issued on X, 2026, in Tribunal File OLT-25-000044

CITY OF TORONTO

BY-LAW [Clerks to insert By-law number]

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2026 as 250, 252, 254, and 258 Viewmount Avenue.

Whereas the Ontario Land Tribunal, by its Decision issued on April X, 2026 and its Order issued on <month><day>, 2026, in respect of Tribunal File OLT-22-004109, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 250, 252, 254, and 258 Viewmount Avenue; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law;

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, as amended, Chapter 800 Definitions.

3. Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black lines from a zone label of RD (f15.0; a550) (x5) to a zone label of RA x (XXX) as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569 -2013, as amended, is further amended by amending the Height Overlay Map in Section 995.20 for the lands subject to this By-law, from a height and storey label of HT 10.0, ST 2, to a height and storey label as shown on Diagram 3 attached to this By-law.

5. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.7.10 Exception Number [-] so that it reads:

([XXX]) Exception RA ([XXX])

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:

Site Specific Provisions:

(A) On lands municipally known as 250, 252, 254 & 258 Viewmount Avenue, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (-) below;

(B) Despite regulations 15.10.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 173.80 metres and the elevation of the highest point of the building or structure;

(C) Despite Clause 15.10.30.40 and Section 995.30 the permitted maximum lot coverage, as a percentage of the lot area, is 65 percent;

(D) Despite regulation 15.10.40.10 (1) and (B) above, the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert By-law number];

(E) Despite regulation 10.5.40.10 and 15.5.40.10, a mezzanine will not be considered a storey;

(F) Despite regulations 15.5.40.10(3) to (6) and 15.10.40.10 above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number]:

(i) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 7.0 metres;

(ii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above, including a mechanical penthouse, by a maximum of 7.0 metres;

(iii) columns, architectural features and structural supports, by a maximum of 7.0 metres;

(iv) building maintenance units and window washing equipment, by a maximum of 3.0 metres;

(v) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.5 metres;

(vi) antennae, flagpoles and satellite dishes, by a maximum of 5.0 metres; and

(vii) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.6 metres;

(G) Despite regulation 15.5.40.40(1), the permitted maximum gross floor area of all building and structures on the lot is 32,000 square metres;

(H) Despite regulation 15.10.40.50(1), amenity space must be provided at the following rate:

(i) no more than 75 percent of the outdoor component may be a green roof;

(I) Despite regulation 15.10.40.70 (1) to (4), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];

(J) Despite Clause 15.5.40.60 and (-) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) decks, porches, and balconies, by a maximum of 2.5 metres;

(ii) canopies and awnings, by a maximum of 2.0 metres;

(iii) exterior stairs, access ramps and elevating devices, by a maximum of 2 metres;

(iv) cladding added to the exterior surface of the main wall of a building, by a maximum of 1.0 metres;

(v) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 1.0 metres;

(vi) window projections, including bay windows and box windows, by a maximum of 1.2 metres;

(vii) eaves, by a maximum of 1.5 metres;

(viii) dormers, by a maximum of 2.5 metres; and

(ix) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 2.5 metres; and

(K) Despite regulation 15.5.50.10(1), a lot in a Residential Apartment Zone category must have a minimum of 30% of the area of the lot for landscaped area, and there is no mimimun soft landscaping area;

(L) Despite regulation 15.5.50.10(2), a 0.5 m wide strip of land for soft landscaping along any part of a lot line abutting a lot in the Residential Zone category;

(M) Despite regulation 15.5.50.10(2) and (L) above, the minimum landscape strip shall not apply to driveways, walkways, curbs, retaining walls, planter walls, mechanical and electrical spaces or equipment and their associated structures, fixed playground structures and fixed landscape furniture, fences and gates.

(N) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

(O) Despite regulation 200.15.10, the minimum accessible parking space requirement will include 10 accessible space;

(P) Despite regulations 230.5.1.10(4)(B), the minimum width of a bicycle parking space if placed in a stacked position on a wall, structure or mechanical devise is 0.36 m

(Q) Regulation 230.5.1.10(4)(E) with respect to oversized bicycle parking space dimensions does not apply;

(R) Despite regulations 230.5.1.10(10) and (16), all "long-term" and "short-term" bicycle parking spaces may be located in a stacked bicycle parking space;

(S) Despite regulation 230.5.1.10(13), no oversized bicycle parking spaces are required;

(T) Regulation 230.5.1.10(14), with respect to aisle widths for bicycle parking spaces does not apply;

(U) Regulation 230.5.1.10(15), with respect to restrictions on the long-term bicycle parking does not apply;

(V) Regulation 230.5.1.10(16), with respect to path of travel for bicycle parking spaces does not apply; and

(W) Despite regulation 230.20.1.20(2), a “short term” bicycle parking space may be no more than a minimum of 50 m from a pedestrian entrance to the apartment building on the lot.

Prevailing By-laws and Prevailing Sections:

(A) None

6. Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.

7. Temporary use(s):

(A) None of the provisions of By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of a temporary sales office on the lands to which this By-law applies, provided that the building or structure is limited to a maximum height of 6 metres.

(i) "temporary sales office" means a building, structure, facility or trailer to be erected on the lands and used for the purpose of the sale or lease of dwelling units and/or the administration and management of construction activity related to construction on the lands.

Enacted and passed on [Clerks to insert date].

[full name], [full name],

Speaker City Clerk

(Seal of the City)